Legal Question in Family Law in California
How can I (the father) become primary custodial parent of my son? I want whats best for my son and I feel my home environment is better suitable for my son. My ex girlfriend does not work, has to driver license, lives in a one bedroom with five other people,non worknig heater or a/c, my son does not have a bed to sleep inn. She was living with me and my parents prior to becoming pregnant, during pregnancy and a full year after my son was born. She decided to move inn with her mom, took my son and is now limiting me to see him only 8 days out of the month.
2 Answers from Attorneys
You need to file for a court order for custody and visitation. If you cannot afford an attorney, the family law facilitator may be able to assist you in this matter. Don't let much time pass thinking about this, however. You need to let the court and mediator know of your concerns.
Ms. Ellifritz is correct. You need to file to establish paternity and to get custody and visitation orders which will give you control over the situation. You will probably also be ordered to pay support for the child, even if you get primary custody. Don't fight the support issues as it is in the best interest of the child and will get you established as a non' deadbeat dad. don't delay as it sounds like the child is in a difficult situation.
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